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Home My WebLink AboutMinutesO./'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, December 12, 2000 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members M. Kevin McGee, Mark L. Harris, Stephen Hintz, Paul J. Esslinger, Melanie Bloechl and Jon Dell'Antonia EXCUSED: Council Member R. Matt O'Malley ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk and Warren Kraft, City Attorney Council Member Hintz read the Invocation. The Pledge of Allegiance was led by Mathias Kitz and Kaitlyn Spanbauer from St. Frances Cabrini Elementary School; and, Jill Juedes and Katie Zmolek from Lourdes High School. CONSENT AGENDA The minutes of the November 28, 2000 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $10,165,063.10. The Report of the City Clerk was read. Resolution 00-484 Grant Conditional Use Permit/1226 Oshkosh Avenue Resolution 00-485 Set Public Hearing Date to Vacate Portions of Radford Place; W. Waukau Avenue Resolution 00-486 Approve and Execute Relocation Orders/Determination of Necessity to Acquire Property/Accept Easements/Dedicate Street Right-of-Way Algoma Boulevard and High Avenue PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER Resolution 00-487 Approve and Execute Relocation Order/Determination of Necessity to Acquire Property/Authorize Acquisitions/Dedicate Street Right-of-Way W. 24th Avenue Resolution 00-488 Approve Agreement/Water Tower Lease/Nextell WlP Lease Corporation Resolution 00-489 Award Bid/Chemicals for Water Treatment, Wastewater Treatment and Water Filtration Plants for 2001 (Various) Resolution 00-490 Award Bid/Seniors Center Annex (The Selmer Company, Green Bay, $83,200.00) Resolution 00-491 Authorize the Filing of Applications/Federal Operating and Capital Assistance/State Operating Assistance/County Transportation Assistance and Wisconsin Employment Transportation Assistance Resolution 00-492 Rescind Property Taxes Resolution 00-493 Appoint Democratic and Republican Election Inspectors Resolution 00-494 Disallowance of Claim/Jeff Houge Resolution 00-495 Disallowance of Claim/Matthew Stadler Resolution 00-496 Approve Miscellaneous City Licenses *Resolution 00-484 was removed for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 00-484 (Bloechl; second, McGee) CARRIED: Ayes (6)McGee, Harris, Hintz, Esslinger, Bloechl, Dell'Antonia Resolution 00-484 Grant Conditional Use Permit/1226 Oshkosh Avenue MOTION: ADOPT (Bloechl; second, McGee) CARRIED: Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (2) Esslinger, Bloechl Council Member Bloechl stated her concerns regarding the reason for the conditional use permit and stated that she would not support the resolution. Council Member Esslinger questioned why other sites had not been an option. PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 12, 2000 2 PUBLIC AGENDA DISCUSSION Ordinance 00-~,97 Approve Traffic Regulations Robert Marquart, '1222 High Avenue, stated that he was a member of the Traffic Review Advisory Board and explained the request to change the membership. Resolution 00-~,98 Authorize Time-Warner Entertainment Company, L.P./Temporarily Operate Cable Communications Systems in Oshkosh Resolution 00-~,99 Preliminary Determination not to Renew/Franchise of Time-Warner Entertainment Company, L.P. to Operate Cable System in Oshkosh Gary Matts, representative of Time Warner Cable, stated that Time Warner Cable provided jobs and support for the community. He explained the proposal and answered questions of the Council. Council Member Hintz questioned the proposals. Council Member Bloechl questioned why Mr. Matts had not been involved with the previous negotiations. She explained that Time Warner Cable was a profit organization and questioned what the approximate profit was for the past year. Mayor Dell'Antonia questioned when the negotiations would begin with Time Warner Cable. He also asked for clarification regarding the Social Contract. Mr. Kraft responded. Council Member Esslinger questioned when the cable study was completed. Council Member Harris questioned the time frame of when the Independent Review would be completed and how that would affect the negotiations. He also questioned the level of authority Mr. Matts had regarding negotiations for a contract. Council Member McGee questioned how Time Warner Cable arrived at their fees. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 00-~,97 Approve Traffic Regulations MOTION: ADOPT (Bloechl; second, Esslinger) PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 12, 2000 MOTION: CARRIED: DIVIDE ORDINANCE 00-497 INTO: ORDINANCE 00-497A- MEMBERSHIP AND TERMS; AND, ORDINANCE 00-497B - LOADING ZONES AND PARKING REGULATIONS (McGee; second, Harris) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (2) Esslinger, Bloechl MOTION: ADOPT 00-497A- MEMBERSHIP AND TERMS (Bloechl; second, Esslinger) MOTION: CARRIED: AMEND BOARD MEMBERS TO 7; 6 BEING CITIZENS AND 1 COUNCIL MEMBER (McGee; second, Hintz) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (2) Esslinger, Bloechl VOTE ON ORDINANCE AS AMENDED: CARRIED: Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (2) Esslinger, Bloechl MOTION: CARRIED: ADOPT 00-497B - LOADING ZONES AND PARKING REGULATIONS (McGee; second, Esslinger) Ayes (6)McGee, Harris, Hintz, Esslinger, Bloechl, Dell'Antonia Council Member Esslinger stated that he would support an increase to the membership of the Traffic Review Advisory Board and encouraged Council to approve the Ordinance. Council Member McGee stated his concerns regarding the decrease of members for the Traffic Review Advisory Board. He felt more citizen participation was better for the community. Council Member Hintz felt that alternates should be considered for committees to guarantee a quorum. Council Member Harris questioned the reason for the vacancy on the board. Mr. Wollangk responded. Council Member Bloechl questioned if there were any attendance requirements for the committees. Resolution 00-498 Authorize Time-Warner Entertainment Company, L.P./Temporarily Operate Cable Communications Systems in Oshkosh MOTION: CARRIED: ADOPT (Bloechl; second, McGee) Ayes (5)McGee, Harris, Hintz, Bloechl, Dell'Antonia; Present (1) Esslinger 4 PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 12, 2000 Council Member Esslinger stated that he would need to abstain due to a conflict of interest. Council Member Bloechl asked Mr. Kraft for an explanation of the resolution. Mr. Kraft responded. Resolution 00-499 Preliminary Determination not to Renew/Franchise of Time-Warner Entertainment Company, L.P. to Operate Cable System in Oshkosh MOTION: ADOPT (Bloechl; second, McGee) MOTION: LAYOVER UNTIL DECEMBER 27, 2000 COUNCIL MEETING (Hintz; second, Dell'Antonia) CARRIED: Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (1) Bloechl; Present (1) Esslinger Council Member Hintz felt the layover would provide time for discussion with Time Warner. He felt it was important to reach an agreement between both sides. Mayor Dell'Antonia felt that it would be to the City's advantage to try to negotiate an agreement with Time Warner Cable but if no agreement was made he would be prepared to continue with the non renewal process. Council Member McGee felt it would be reasonable to give some time to try to negotiate. He stated that he would support the layover. Council Member Harris felt that if an acceptable agreement could be reached it would save money for all involved. Mr. Kraft responded. CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding tobacco and smoking. He asked the Council to set up a program for students regarding the effects. Ken Bender, 806 Oak Street, stated his concerns regarding City spending. COUNCIL MEMBER STATEMENTS Council Member Bloechl stated that the downtown revitalization was not included in the tax increase on the 2000 tax bill but would be on the 2001 tax bill. PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 12, 2000 Council Member Esslinger questioned the snowplowing policy. He also thanked the Oshkosh Police Department for the participation in their ride along program. Mr. Wollangk responded. Council Member McGee stated that the Kettle Commission had cut shared revenues. He expressed his concerns regarding the Edison Estates Annexation. Council Member Harris requested an accurate breakdown of the increase of the taxes. He stated that the Assessor's information was on the City of Oshkosh web page. Mayor Dell'Antonia thanked the individuals for the invitation to the Hmong New Year Celebration. He stated that it was nice to see many cultures getting together. He also gave an update on the Lakeshore Golf Course Project. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk reminded the Council that the December 27, 2000 Council Meeting was at noon. He also explained that there was an ordinance prohibiting citizens to clear their snow into the City streets. MOTION: CARRIED: CONVENE INTO CLOSED SESSION FOLLOWING ADJOURNMENT OF THIS MEETING TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE OF NON-REPRESENTED EMPLOYEES OF THE CITY OF OSHKOSH PURSUANT TO SECTION 19.85(1)(c) OF THE WISCONSIN STATE STATUTES (Hintz; second, Bloechl) Ayes (6)McGee, Harris, Hintz, Esslinger, Bloechl, Dell'Antonia There was no other business before the Council. MOTION: ADJOURN (Bloechl; second, McGee) CARRIED: VOICE VOTE The meeting adjourned at 8:27 p.m. PAMELA R. UBRIG CITY CLERK 6